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STRONGER FUTURES IN THE NORTHERN TERRITORY (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) ACT 2012 - SCHEDULE 2

Amendment ofthe Aboriginal Land Rights (Northern Territory) Act 1976

 

Aboriginal Land Rights (Northern Territory) Act 1976

1   Subsection   3(1)

Insert:

"community living area" has the same meaning as in the Stronger Futures in the Northern Territory Act 201 2 .

2   Subsection   20CA(5) (definition of community living area )

Repeal the definition (including the note).

3   Part   IIB

Repeal the Part.

4   After paragraph   23(1)(ea)

Insert:

  (eb)   for land that is a community living area and in the area of the Land Council--to assist the owner of the land, if requested to do so, in relat ion to any dealings in the land ( including assistance in negotiating leases of, or other grants of interests in, the land ) ; and

5   Paragraphs 23(1)(fb), (fc) and (fd)

Repeal the paragraphs .

6   Subsection   33B(1)

Repeal the subsection.

7   Subsection   33B(3)

Omit " subsection   ( 1) or (2)", substitute " subsection   ( 2)".

8   Subsection   35(4)

Omit " , including a payment under section   15 or 16, under a lease or licence under section   19 or 20 or in accordance with section   60 or 62 of the Northern Territory National Emergency Response Act 2007 but not including a payment under section   33A, 33B or 64 of this Act", substitute "(including a payment under section   15 or 16 or a payment under a lease or licence under section   19 or 20, but not including a payment under section   33A, 33B or 64 of this Act)" .

9   Paragraph 70(2C)(a)

Repeal the paragraph, substitute:

  (a)   the land (the relevant land ) the person entered or remained on is part of land (the leased land ) that is leased under section   19A; and

10   Application of items   5 , 8 and 9 of this Schedule

(1)   This item applies if this Act commences before 17   August 2012.

(2)   Despite the repeal of paragraphs 23(1)(fb), (fc) and (fd) of the Aboriginal Land Rights (Northern Territory) Act 1976 made by item   5 of this Schedule, those paragraphs continue in force in relation to:

  (a)   agreements made under section   62 of the old Act before the relevant time; and

  (b)   rent payable after the relevant time in relation to leases granted under section   31 of the old Act before the relevant time.

(3 )   Despite the amendment of subsection   35(4) of the Aboriginal Land Rights (Northern Territory) Act 1976 made by item   8 of this Schedule, that subsection , as in force immediately before commencement , continues in force in relation to payments made in accordance with section   60 or 62 of the old Act .

(4 )   Despite the amendment of paragraph   70(2C)(a) of the Aboriginal Land Rights (Northern Territory) Act 1976 made by item   9 of this Schedule, that amendment does not take effect until the relevant time.

11   Paragraph 70(8)(d)

Omit " paragraph ; and", substitute " paragraph .".

12   Paragraph 70(8)(e)

Repeal the paragraph.

13   Subsection   70E(17)

Repeal the subsection.

14   Subsection   70E(18)

Omit "(14), (15) and (17)", substitute "(14) and (15)".

15   Subsections   70E(19), (20) and (21)

Omit "(14), (15) or (17)", substitute "(14) or (15)".

16   Subsection   70F(14)

Repeal the subsection.

17   Subsection   70F(15)

Omit "(11), (12) and (14)", substitute "(11) and (12)".

18   Subsections   70F(16), (17) and (18)

Omit "(11), (12) or (14)", substitute "(11) or (12) ".

19   Paragraph 71(3)(d)

Omit " paragraph ; and", substitute " paragraph .".

20   Paragraph 71(3) (e)

Repeal the paragraph .

21   Subsection   76(1A)

Repeal the subsection.



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